Embrace "live broadcast +" and be careful of these legal hidden dangers

2022-01-25

In the face of the increasingly prominent new pattern of communication, mainstream media have used online live broadcasting for content innovation, "live broadcasting +" has become an indispensable element in the development of media integration. In the new year node in the past, many media broadcast the new year live through video numbers or business platforms, attracting many audiences. Among them, "2022 warm night" New Year's Eve party and "chasing light 2022 video live broadcast" activities are quite typical. "2022 warm nights" is built by the people's daily client and the Kwai Tai platform. With a "no star party", the main role is "ordinary people accompany you to warm up the new year". The total number of visitors has exceeded 31 million 900 thousand, with the number of points exceeding 23 million 880 thousand, highlighting the "cross border" charm of the mainstream media. "Chasing light 2022" was launched by the financial media center of Shanghai radio and television station in conjunction with the Propaganda Department of the Central Committee of the Communist Youth League and wechat platform. Starting from Zhoushan and Ningbo, Zhejiang, China, it led the audience to Europe and Iceland, presenting the first ray of sunshine of the new year in 60 cities around the world. The cumulative number of viewers exceeded 10 million and the reading volume of the whole network exceeded 110 million. Different from the mature entertainment and e-commerce live broadcasting, the mainstream media "live +" is still in the "take-off" stage. However, it should also be noted that the mainstream media embracing the Internet "live plus", generally introducing UGC (user generated content) mode and trying to highlight the strong interactive attribute, which inevitably brings new legal risks in the compliance of live broadcasting. At the same time, "live broadcast +" is generally non-profit, and there are certain differences between legal sensitive factors and commercial live broadcast. It is difficult for the media and legal circles to fully discuss the research on "live broadcast +" and prevent risks in advance. Based on the existing cases, the author believes that "live broadcast +" may face three legal hidden dangers, which deserve attention. Excluding the risk of law and litigation The legal and litigation related risk exclusion of wanghongda people deserves attention first. Combining the brand channel resources of mainstream media with the talent and creative advantages of the Internet field is the inevitable path for the development of "live broadcasting +", which is the UGC mode described above. However, in addition to the traditional background investigation of copyright risk and image health, the legal and litigation risks of online celebrities under UGC are often ignored. Frankly speaking, in today's increasingly perfect live broadcast management order, most influential online celebrities have completed the cleaning up of the previous live broadcast content in terms of value and legitimacy, and "black material" is difficult to find. However, if artists are involved in disputes and even lawsuits due to problems such as life and live broadcasting, or are listed as dishonest Executees due to failure to perform effective judgments and rulings, it often becomes a real opportunity for "image collapse". Not long ago, a "top 100 up master" just selected by a well-known platform had to apologize and withdraw from the circle because his mother was questioned as a "Lao Lai". Therefore, in the preparation stage of "live plus", we should clarify the obligation of truthfully informing the litigation risks of online celebrities through agreement, and expressly agree on the liability for breach of contract for those who have suffered damage to the image of the event due to concealment of fraud and other circumstances. During the audit, the basic background investigation of netred shall also be conducted. Specifically, the illegal litigation information of wanghong himself and his immediate family members should be searched on China judicial documents network and China execution information disclosure network. If there is a fact of losing the lawsuit or the court finds that controversial remarks have been made although the lawsuit has not been lost, it shall be carefully selected. Protection of personal rights and personal information During the preparation and presentation of "live +", special attention should be paid to the protection of personality rights and personal information. With the continuous enhancement of information mobility, Internet users are highly sensitive to the protection and anti protection of personality rights in recent years. Due to accidental entry into the mirror, I feel "social death", which often becomes the source of disputes; In some dispute scenes, the network violence of searching and disclosing others' information has become a chronic disease of the network. Traditionally, the protection of civil rights in China's tort legal system mainly focuses on the "fault" and "profit" factors of behavior, and has a high tolerance for non-profit and even public welfare activities. However, it should also be noted that the civil code has made more detailed provisions in relevant fields in response to the development of the Internet. Even for the innocent use of personal rights and interests such as names and portraits and citizen information, if the damage consequences such as the damage to the peace of life are caused by the excessive attention of Internet users, the parties do not need to compensate or apologize, but they may be required to bear the legal responsibility of deleting and shielding the relevant contents according to law. Therefore, even if the public information published by citizens is used, or the life scenes of others are inevitably involved in the shooting, the consent of the obligee should also be obtained for the sake of caution. Pay attention to the problem of interactive order Special attention should be paid to the interactive order of "live broadcast +". The live broadcast planning of mainstream media, especially the "new year live broadcast", usually focuses on the positive energy emotional atmosphere, and there is a platform to help review messages. The risk of interaction anomie is relatively small, but you can't be overconfident about it. In the past, there have been negative cases in which netizens' sensitive speech theory has been deleted, and the message makers have hyped with relevant screenshots, causing a large number of netizens to follow suit. Therefore, when planning the "live plus" activity, in addition to carefully controlling the risk of public opinion, we can appropriately set up feedback channels for netizens' negative emotions. For example, learn from the provisions of the tort liability series of the civil code on the "safe haven principle", guide the netizens who have been deleted to give feedback to the technical support platform, and cut the activity content from the feedback channel that absorbs negative information. At the same time, if there is any suspicion of infringement and other risks in the complaint content, the legal team shall be arranged to contact and deal with the parties in time. Generally speaking, the disputes involving "live broadcast +" are not concentrated, the relevant legal research is still insufficient, and the typical risks need to be further revealed. When adopting this form of communication, the mainstream media should improve the compliance review standard. In principle, it can conduct "excess" review through the commercial live broadcast standard, rather than relying on experience and carelessness. (Xinhua News Agency)

Edit:Li Ling    Responsible editor:Chen Jie

Source:Economic Information Daily

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